A 27-year-old college student arrested yesterday by federal agents is charged with modding video game consoles.

Matthew Lloyd Crippen, who attends Cal State Fullerton, was charged with tweaking systems from Nintendo, Sony and Microsoft. The arrest was made by agents of the U.S. Department of Immigration and Customs Enforcement (ICE), reports NBC Los Angeles.

Modifying consoles to circumvent video game copyright protection measures is a federal offense under the Digital Millenium Copyright Act. The investigation into Crippen's activities came following a complaint by the Entertainment Software Association; the trade group lobbies on behalf of U.S. video game publishers.

Special Agent in Charge Robert Schoch, who heads the ICE office in L.A. commented on the bust:

Playing with games in this way is not a game -- it is criminal. Piracy, counterfeiting and other intellectual property rights violations not only cost U.S. businesses jobs and billions of dollars a year in lost revenue, they can also pose significant health and safety risks to consumers.

Its about damn time these idiots stert getting the punishment they deserve. People forget that once they buy and use a game console, they don't have the right to mod it. Its in the licence agreement in the back of the manual.

I want to see more of this happen to modders. Many of them who probably posted here defending the imaginary right to mod/pirate.. I enjoy any chance I have to report someone pirating games..

I have a computer. This computer has a DVD burner. Because my computer has a DVD burner, it is theoretically possible that I might use it to burn illegal copies of games.

Now read that again but replace the words "computer" and "DVD burner" with "console" and "mod chip."

Both mod chips and DVD burners have legitimate uses as well as illegal uses, but one is legal to use and the other is not.

It is a mystery. ---I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.

---I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.

I assume that most of you have read "The Merchant of Venice." The lawyer Shylock demanded his "pound of flesh" (heart) but was told that he could take it, only if he could do so without spilling one drop of blood, to which he had no claim.

You can mod your hardware all you want, but when you bought that hardware, you did NOT buy the software installed on it. Do what you want to the hardware, but if you do anything that alters the performance of the SOFTWARE, you're breaking the law.

Not to mention that Microsoft is one of the most sued companies in history because people think there's money in it. The first kid that is electrocuted opening his console is going to try to hold Microsoft to task for it. Microsoft has no recourse but to aggressively pursue anyone who tried to get into a sealed system. They cover the seals with special labels. They use special screws to secure the console. It takes an obvious effort to violate that rule. Did it not occur to this guy when he when he had to go to these great lengths to open the console that maybe... just maybe... he wasn't supposed to be doing it?

(PS I don't know what Sony uses to secure their system, but Nintendo uses special screws too, to dissuade people from opening their consoles.)

So far, Sony's PS3 has been uncrackable by conventional means though that has not stopped people. I see ISOs for these games popping up all the time.

The Wii does not need a hardware modification to be cracked. That can be done through a software glitch. All you need is a game, a controller, and an SD card.

The Xbox 360 on the other hand... Everyone's getting a turn with that thing.

"Not to mention that Microsoft is one of the most sued companies in history because people think there's money in it. The first kid that is electrocuted opening his console is going to try to hold Microsoft to task for it."

Considering the electricution warning on the side, that point is moot.

Additionally, all you need is a Torx screw driver to open the Wii and the 360. Both are more than easily obtained.

"You can mod your hardware all you want, but when you bought that hardware, you did NOT buy the software installed on it. Do what you want to the hardware, but if you do anything that alters the performance of the SOFTWARE, you're breaking the law."

I hate to tell you this but by purchasing the hardware, by de facto, you gain a license to the software contained therein.

Yes, and UNTIL those decisions were reversed, the original rulings stood. While alcohol was illegal, it was illegal. No excuses. While slavery was legal, it was legal. No one busted down George Washington's door and demanded that he release all his slaves.

Right now these sorts of mods are illegal. Until that decision is reversed, that's how it is. Don't like it? Get it changed.

And how is that without having people break it and show both gov and public that it's unfair? Any movement like this is multi headed. You have the strife caused by the illegal or poorly constructed law that builds public support to have it changed it makes those that organize around it job a bit easier.

The majority of commenters here are going about this the wrong way. Please don't defend this guy, it only makes the rest of us look bad. You KNOW that he was modifying these systems so that they could play pirated games and you shouldn't support that under any circumstances.

Actually, no, I don't know. Neither do you nor anyone else on this site for that matter. Frankly, anything we find out through these channels is truthfully nothing short of hearsay.

Now you may have your opinion as to what he was doing, but none of us know for a fact what he was doing.

For all we know, he'd legitimately made CDR or DVDR copies of his games and burned them. Though that is unlikely, it is entirely plausible since ICE has a history of busting people for possession of a grand total of 1 single mod-chip (search Game Politics for that article). Likewise, for all we know, this guy was shipping out hundreds of modified consoles a month to people who download copies of these games in order to play them without buying them.

The simple fact of the matter is that we do not know.

Now do I defend his actions? If he was actively engaged in intentionally breaking DRM because he wanted to play Pirated games, then no.

However, if he was performing perfectly legitimate actions such as homebrew development, then yes, I not only agree with his actions but I support his right to take those actions.

I feel if I've purchased something with my hard-earned money, then I have every damn right to do what I wish with it however I damn well please. Consoles cost money. It's owned by me. Sony, Microsoft, or Nintendo can't just one day stroll into my house and take ownership of it because they developed, manufactured, and sold the console. I purchased it. It's legally owned by me. I should be able to do with it whatever I want.

On that note, I'd like to remind you all of one nice little tenant of American law, though it seems to have gone out the window in recent years: Innocent until proven guilty.

I don't know how to mod my Xbox, my favourite sport is cricket and I live in the USA. Please tell me how, without getting someone to break the law and mod my system, I can play a cricket game like 'Ashes Cricket 2009' on my system?

Hey Austin, it seems that you like to play the devils advocate in a lot of your posts. I would safely assume that it is safe journlaism. But if you beleive that the laws are flawed, and are taking the side of the "law" then why try and be a friend to the public opinion? This being a comment area, I would think it could be more productive to take a side here. Im not bashing your tactics so to speak, I would just be more inclined to see you take a stand and quit trying to take both sides. I see your points though, and they are well thought out and educated. Not to completely throw out that this guy "Modding" game systems was in the wrong. The facts are that we do not know the details of this story to make up a rational opinion on this whole thing. I will say however that IF they put him in jail for just modding Xbox's, then I think that is wrong and unjust. For people to come out and call him a pirate is not a fair statement to make. Just my 2.5 cents. I actually like your posts Austin. Don't take this the wrong way.

I'm not playing Devil's Advocate. I'm saying that what he did is illegal. I don't believe that it should be illegal, but that doesn't really matter. The fact is, he broke a law. He probably knew damn well he was doing so. And when you break a law, you know that there are consequences.

Do I believe it's wrong to say he can't do what he will with his system?? Yes, to a point. I think he should be able to mod his system, up until he begins to do things like pirate games. Up until you do something illegal with what you own, there should be no problem with modifying it.

The ESA and game companies don't care about case mods. They only care about the mods used to play copied games.

Since a lot of the systems any more don't have the territory lockout, there's very few legitimate reasons to mod a system.

Yes, you can do so to play legal backups of games you purchased. However, from my personal experience in dealing with people that mod systems, 90-95% of the time, it is to play illegally copied games, usually by downloading them off the internet.

The ESA and the feds aren't going to go after someone who mods their system for personal use, they go after the people selling the modded systems and the illegally copied games.

Get off your high horses people, this what really happens in the real world - the modifications are mainly for illegal purposes.

Er...to put it nicely, "go screw yourself." I had a friend mod my original xbox in order to download/play a large amount of Halo 2 mod maps, and there was no piracy or ill usage going on at all. Are you calling me a pirate? Are you saying that I deserve to lose my xbox or get sent to jail or fined for modifying something that I BOUGHT?

I'm choosing to respond to you simply because I don't want to feed the trolls jeditehfreak and SeanB, but I wish to know, what is wrong with modifying an xbox to play mods to games (if you bought the actual source game), what is wrong with modding a system to escape regional lockouts (which still exist on at least 2/3 of the major systems), and what is wrong with modding a system to play games that you've made yourself? Regional lockouts are done on DVDs also, a dvd that I buy in Germany won't work on most American-made dvd players, but the DMCA would make it so if I altered my dvd player to play german dvds, then I'm considered a pirate? Wtf?

Yes, there are illegitimate uses to modding a console, but there are also legitimate uses. You can use wood to make a toy, or you can make a weapon, but to ban the "modding" of wood to prevent "criminals" that "might" use the wood for ill purposes is just assinine, as is the DMCA.

(Also, what is the point of regional lockouts anyways? The company gains nothing, the consumer gains nothing. If I want to buy a game that is sold only in Japan, I should be able to play it, and the company selling it will make money, so why lock it out of my system?)

-If an apple a day keeps the doctor away....what happens when a doctor eats an apple?-

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

What about XBMC? What about iRShell? What about GeeXbox for Wii? What about Cave Story PSP? What about Xbox Linux?Homebrew is what is known as a "significant non-infringing use", a la Betamax. Console makers refuse to allow the consumer to make their own games, so the consumer must modify his console in order to make and play homebrew software.

And if you claim homebrew is illegitimate in some way, I will find out your identity and pelt strawberries at you on your way to work.

The Wii and 360 has territory lockout in there systems (though on the 360 is a game by game basis). Dispite that I agree with you on the fact the people with modded systems are mostly in it to play pirated games.

I don't think the DMCA fully bypasses fair use.... its jsut no one in power cares thus its aginst the law, and will remain so untill soemone with power and infulance questions why the baby is thrown out with the bath water on this.

I am sorry but shearing is the right of the populace, we need not a great a divide in information between the haves and have nots it smacks of draconian aristocracies. Now don't get me wrong making any kind of money off someone else's work without a contract/license is wrong, if you make the public burden the cost of sharing and make donational/ for profit strictly limited(say a site sales stuff for the media industry and is allowed to share other stuff) while the public is unrestrictive in their lending and archiving of anything(short of child porn) you balance the needs of business and individual I would not mind a 10% tax on all media devices,computer hardware and internet. Its the cost of doing buiness in the age of in-nobility(politicians are modern nobility only less closer to god and closer to the "throne" than ever..... )

If you want government and business to trample on individual freedoms thats all well and fine...just don;t beat around the bush you can't have restricted freedoms, they are either free or not.

Shout box

You're not permitted to post shouts.

Wymorence: For me it just boils down to the fact that, even at a giant company, when a game comes out annually it just gives it a vibe of being rushed out the door. And god knows Unity sucked some major lemur with all its bugs...03/31/2015 - 4:22pm

PHX Corp: I launched my spotify account today, and I kinda went a little overboard with adding music03/31/2015 - 3:59pm

Sora-Chan: Con't. Games like AC are a pain to someone like me who likes to play games in order. So when a game gets too many releases too quickly, it puts me off. Only exceptions are games that have no interconnected underlying stories like the FF games.03/31/2015 - 2:53pm

Sora-Chan: Wikipedia has rarely let me down on matters like this. But yeah... AC needs a break.. like two.. or three... or eight years.03/31/2015 - 2:51pm

Conster: There's 9 already?! I think I played 1, 2, and the ones inbetween 2 and 3.03/31/2015 - 2:23pm

Sora-Chan: Con't There are now Nine... of just the main entries into the series. There are 13 more in the "other games" department.03/31/2015 - 2:15pm

Sora-Chan: I tried to get into AC. Was having a decent time with the first one, at which point they had already released three titles. Then a fourth came out... then a fifth... the wall kept growing before I could finish the first.03/31/2015 - 2:14pm

Daniel Lewis: I think ubisoft should give AC a break before it's milked to death,and i'm a big fan of the games03/31/2015 - 1:15pm

Daniel Lewis: The only thing said i disagree with is the final quote on Men's experiences are seen to be universal but women are gendered,though doesn't anita say that games with male protagonists are male power fantasies,so in turn both are gendered03/31/2015 - 1:08pm

Daniel Lewis: i found the video to be much better than any of the TvW series and it's about time the positive women are put in the spotlight03/31/2015 - 1:06pm

Daniel Lewis: So feministfrequency released a positive female character video https://www.youtube.com/watch?v=gXmj2yJNUmQ03/31/2015 - 1:05pm

Daniel Lewis: I think the guy who made the direct leak said it was an april fools joke when a real one was announced03/31/2015 - 12:43pm

MaskedPixelante: No way Nintendo would let information like that get out. Remember, they shut down a memoir about the localization of Earthbound by enforcing a 20 year old NDA on the author.03/31/2015 - 12:42pm

james_fudge: Conster: the larger issue is that Ind. does not protect LGBTQ+ people under state law03/31/2015 - 12:11pm

PHX Corp: @MP I think it is confirmed(not an April Fools joke) http://mynintendonews.com/2015/03/31/nintendo-direct-confirmed-for-wednesday-april-1st/03/31/2015 - 12:00pm

Conster: Apparently Pence intends to amend SB101 so denying service isn't allowed - without explicitly protecting LGBT+ and while still allowing the many other things you can get away with now if it's motivated by your religious beliefs.03/31/2015 - 11:53am

MaskedPixelante: http://mynintendonews.com/2015/03/30/rumour-nintendo-direct-on-april-1st/ A supposed full leak of tomorrow's Nintendo Direct, so you can all laugh and laugh about how wrong it is.03/31/2015 - 11:35am

PHX Corp: http://kotaku.com/why-a-tekken-7-character-is-being-called-a-phoney-1694724959 Why a Tekken 7 Character Is Being Called a Phoney03/31/2015 - 10:08am